Progress Report
January 2001
I. SUMMARY OF PROGRESS
The RI Select Commission on Race and Police-Community Relations was formed by Executive Order of Governor Lincoln Almond on April 6, 2000. Its Chair, Dr. Bernard J. Lafayette, and fourteen Commissioners were charged with the responsibility to make inquiry into the causes of racial problems, concerns, and issues related to police-community relations. The Commissioners are: Senator J. Clement Cicilline, Ms. Shakira Abdullah, Sgt. Hugh Clements, Chief Gary Dias, Mr. David Duffy, Representative Gordon Fox, Sgt. Michael Harris, Mr. Dennis Langley, Ms. Patricia Martinez, Dr. Marion Orr, Detective Patrick Sullivan, Mrs. Joyce Williams, The Reverend Theodore Wilson II, Right Reverend Bishop Geralyn Wolf.
The Commission began meeting in May of 2000 and held a two-day retreat in June to begin considering strategic planning and action plans towards completion of the Executive Order. A budget committee formed and submitted a budget for the Commission. It was approved for $300,000 with $150,000 from the RI Legislature and $150,000 from the Governor’s Contingency Fund. Commissioners met with the Rhode Island Foundation towards the procurement of additional funds for an expanded internship program, decision pending February 2001.
A personnel subcommittee of the Commission was formed to draft job descriptions for staff positions, advertise, and review applications, check references and interview candidates. An Executive Director and Research Associate were appointed from this process. Two other positions were filled; all staff decisions were made by late summer. Cubicle spaces in the Department of Administration Building at One Capitol Hill were made available for the Commission and supported by telecommunications and supplied computers.
By August of 2000, Commissioners, through a Strategic Planning and Goals Committee, finalized their goals and actions steps for the remaining time of the Commission. The Commission began a focus on information gathering and inquiry through the use of public hearings. A Hearing Committee of Commissioners and community members devised a schedule of regional public hearings to commence in September and continue into the late fall. The public hearings were supplemented by a number of other outreach efforts including a hotline, a website, postage-paid written testimony forms in multiple languages, and invitations for groups to bring issues forward at Commission meetings. The mailing list for the Commission, made up of persons who indicated an interest in being kept informed of the events, totals 300 people as of this writing.
Concomitantly, a Research Committee met and made recommendations to the staff for areas of inquiry to continue while the public hearings were underway. Information was gathered about numerous topics of concern to the Commission: use of force policy, firearms policy, educational attainment of police officers, recruitment and selection of police, accreditation processes, Police Officers Bill of Rights in Rhode Island and nationally, police training efforts pre-service and inservice, racial profiling and hate crimes legislation.
The Research Coordinator Lloyd Monroe and Commissioner Patrick Sullivan traveled to the South Carolina Criminal Justice Academy on November 8-10, 2000. They brought back with them several observations about unified preservice and inservice academy training, accreditation and certification on a statewide basis, and shared them with the Research Committee and the Commission at large.
The Communications Committee devised a plan for communication with the people of the State of Rhode Island through print, television, and radio. Advertising the hearings in appropriate outlets was one of the areas of emphasis. Each hearing was advertised in the Providence Journal, Providence en Espanol, Amerizine, Nuevos Horizontes,HOT 106, and the community bulletin boards of the local television outlets when possible. Local and regional newspapers were utilized as well where appropriate: the Westerly Sun, Pawtucket Times, Newport Daily News, Kent County Times, Warwick Beacon, Narragansett Times.
The Research Associate Elizabeth Kunce, at the direction of the Chair and Commissioners, focused continual effort on community outreach to build support for the work of the Commission towards reconciliation. A complete list of the community groups and individuals contacted and briefed is contained in Appendix One. From these contacts, an invitation to serve on an Advisory Board was sent in December to a number of individuals. The Advisory Board will be chaired by Commissioner Gary Dias and Reverend Virgil Wood.
A Legislative Affairs Committee, chaired by Commissioner J. Clement Cicilline, was formed in late fall. Going forward the Committee will lead legislative recommendations from the Commission.
At the Commission’s request, a use of force training presentation took place on November 6, 2000 by members of the East Providence Police Department. The training was similar to what East Providence police officers receive. Numerous questions ensued as a result of the training. Further experience with the use of computer simulation scenarios has been offered for individual Commissioners to schedule at their convenience.
From the Commissioners’ discussions at the Retreat and in summer meetings, a number of questions for fact-finding and the public hearing process surfaced. Fifteen public hearings, one jointly sponsored with the Providence Blue Ribbon Commission, were held between September 2000 and December of 2000, attended by an aggregate total of 450 people.[1] Testimony was recorded both by videography and stenography at each hearing, and is archived for public inspection at the Office of the Secretary of State. The resultant several thousand pages of personal experience, ideas, and suggestions of Rhode Islanders illuminate numerous areas of concern which warrant further in-depth study and recommendations. A synopsis of these recurrent themes follows.
II. AREAS OF CONCERN
A. Training
B. Recruitment
and Selection of Officers
C. Fear and Intimidation
D. Complaint Policies, Civilian Review, and Police Officers Bill of
Rights
E. Firearms policy and use of force issues
F. Community policing
A. Training
“The best minds and the best training, funded adequately, should take place.” Cliff Monteiro, Providence Hope High School Hearing, November 28, 2000.
“There is in Rhode Island no mandatory training initiative regarding in-service training. A holistic in-service training program that would ideally encompass diversity training, human relations training.” Lt. Denis Riel, Lincoln Police Department, Police Constituent Hearing, November 10, 2000.
Commissioners learned that three academies in Rhode Island train police recruits upon acceptance into the agency. The Rhode Island State Police operates a residential academy of six months in length for trooper recruits in Scituate, RI. The Rhode Island Municipal Police Training Academy operates a nonresidential academy for 15 weeks for municipal recruits at the Flanagan Campus of the Community College of Rhode Island in Lincoln. Providence Police operates a recruit academy for Providence recruits at the Chad Brown Complex in Providence. Many interviewed police administrators and trainers indicated a degree of overlap in curriculum as high as 70-80%; civilians indicated some confusion about the need for this degree of decentralization of training.
In-service training varies among communities. Mandated in-service for all officers for firearms proficiency, domestic violence, and certification with breathalyzer equipment exists. Multiple witnesses spoke about the need for officers to be as proficient in communication and understanding across cultures as they are with firearms and techniques of force. One police officer admitted he had received no additional training in sensitivity and diversity in a twenty seven year career.
Field training of new officers and first-line supervisory training both have implications for the charge to the Commission which need to be examined in the coming months. The Commission will hear from the RI Police Officers Standards and Training Commission and obtain the curriculum models from academies throughout the nation.
B. Recruitment and Selection of Police Officers
“How many minorities by race and gender are on the force?” Sgt. Michael Harris, Commissioner, Providence Police Department.
“It’s often too late when we engage officers who are not sensitive to the population which they serve. Do you think a cultural inventory assessment would be appropriate before they’re placed on the force? Dennis Langley, Commissioner, Urban League of Rhode Island.
Police department personnel should reflect the demographic makeup of the community served. Commissioners asked in each community about the representation of minority officers on each police department. The figures received were less than encouraging; with several departments indicating no minority officers currently on the police force.[2] Police officials described various recruitment efforts yielding few candidates and the lack of coordination of recruitment efforts across the state.[3] Public hearing testimony provided many examples of individuals asking for a police department which would reflect the community served: “If a person that we grew up with became a policeman, he/she would be shown …a greater respect because we know where he/she came from, we know where he’d been, and we know he/she strove to be in the position that he was in.” Naisha Convey, Pawtucket Resident, September 28, 2000.
Minority recruitment and selection is further hampered by an evident perception of bias favoring certain majority candidates. This was evidenced frequently in testimony:
“Someone told me when you look at the Police Department, look at the money. Look at the political contributions. ”Rt. Reverend Geralyn Wolf, Commissioner, November 10, 2000.
“My family is not politically connected. I knew members of the police department…but I wasn’t connected enough…I had to go out of state. In Rhode Island a lot of it isn’t necessarily race. I’m minority, I speak two different languages, military service, and I went out of state. So it’s not a matter of being black or white; it’s a matter of whether or not you are politically connected. LAPD Officer Joseph Ferreira, Pawtucket native, Police Constituent Hearing November 10, 2000.
Rhode Island cities and towns vary in their minimum requirements for police recruits. Nineteen departments require a high school diploma, five an Associate’s Degree with an additional five allowing for Military Service in lieu of the degree. One agency, Smithfield, requires a Bachelor’s Degree, and the remaining six some amount of college preparation (between 30 and 60 credits.)[4] Written examinations are part of the process across the state, but types of test differ. Physical agility is assessed and promoted in all of the academies with more agreement on minimal standards. Candidates to all three of the police training academies undergo a standard psychological battery [5] and interview, but the assessment of cultural sensitivity and other psychological aspects at entry level and beyond remain an area of community concern. Background investigation of candidates varies from intense for State Police and some other departments recruits to perfunctory in other areas of the state, judging by the number of criminal records cases found later in an officer’s career.
The attributes and skills needed for success as a police officer, the optimal ways to assess them, and the developmental activities which foster exemplary community service continue to be an important focus of the Commission’s work. Strategies such as using national recruiting efforts at colleges and universities with large minority populations [6] and/or criminal justice programs, minority officer mentoring programs, and the enhanced use of cadet and Explorer programs are currently seen as possible approaches to the dirth of minority officers in Rhode Island. However, as discussed in the next section, the Commission is concerned about a prevailing atmosphere which would have a chilling effect on young people’s desire to consider police service as a career.
C. Fear and Intimidation
“How can we help people feel safe? Even in talking about different things…
to the police and community without any repercussions? Sister Judith Soares,
RSM of Amos House, September 13,2000.
Black people don’t trust the police. They’re afraid of them.” Gerry Spinola, East Providence resident, September 20,2000.
“I don’t know what happened, but there was a terrible breakdown. There was a total loss of confidence in the police. It is scary when the people who are most responsible to protect the community are unable to do that…The solution lies somewhere in the Commission to get the …community to begin to take hold of what you’re trying to do and to get the systems up here …law and order…to start recognizing that there is heart and soul in (the) community.” Brother Michael Reis, Chief Executive Officer of Family Services, commenting on the Rivera shooting and the summer of 2000 in Providence, October 26, 2000.
An overarching theme of testimony at public hearings is the clear expression of a populace experiencing fear of and intimidation by police. Across the state, people spoke of their own negative experiences and those of family members and friends, ranging from rudeness to excessive use of physical force. Many Rhode Islanders who expressed these perceptions were members of minority groups but significant numbers of other youth and their parents also held similar sentiments.
The magnitude of the problem expressed and the complexity of its causes galvanizes the RI Select Commission to examine every possible avenue that could conceivably impact this sad divide. In addition to hearing profoundly disturbing testimony about the problems, Commissioners are investigating ways in which Rhode Islanders could seek redress and hold police officers and agencies accountable.
D. Complaint Processes, Civilian Review, and Police Officer’s Bill of Rights
“My biggest concern is a lack of accountability when there seems to be what …is a grievous breach of policy and civil rights violations…I think (the Police Officer’s Bill of Rights is) a real stumbling block in terms of holding people accountable.” Marc Cohen, President of Rhode Island Gay and Lesbian Alliance, October 23, 2000..
“What is the management of complaints when people are expressing concern about how they were treated and it generates into a complaint. How many complaints would you say you have in any given year? What type of complaints are they? What percentage involve minorities, and what procedures are in place so that people know how it gets managed?” Senator J. Clement Cicilline, Commissioner, November 2, 2000.
“I’ve now decided it would be a real jolt if you would come out with one of your recommendations as a possible process to have some sort of external review board.” Patricia Nolan, Providence City Council, November 30, 2000.
Intimidation experienced by those who testified continued into the process by which they made complaints to the agencies involved. In some cases, people indicated an unwillingness to go into the same police station to make a complaint and/or the use of alternative community agencies. [7] [8] Frustration with the pace of Internal Affairs investigations was expressed frequently at hearings in the capital city. Overall, citizens indicated a lack of faith in proceedings where a police officer would be represented by counsel and judged by other police officers and the complainant would be alone. Police officers at a constituent hearing on November 10 expressed commitment to the continuance of the Police Officer’s Bill of Rights and opposition to external review. Police chiefs and ranking officers tended to support alterations to the Police Officer’s Bill of Rights[9] and the use of civilian review mechanisms[10]
“My recommendation is there has to be some sort of modification to the Policeman’s Bill of Rights…we cannot allow police to investigate police…. If a citizen does have to file a complaint against an officer, there will be a clear and concise and understandable complaint procedure.” Ken Hobson, Coventry resident.
“I couldn’t believe the system that is built to protect the community that (the police) serve…was all against me. I couldn’t win against two cops...corroborating themselves against me. The truth was no longer anything I look(ed) forward to.” Walter Juarez, Providence resident, November 30, 2000.
The Commission is reviewing information about various civilian and external review complaint models. As of this writing, Providence police officials have been meeting with citizens discussing a model called PERA, of which the Commission has heard detailed testimony. [11] In January of 2001, a delegation of Commissioners and research staff will travel to Minneapolis, MN to examine the civilian review process in place which has been frequently mentioned as a possible model. Other site visits are possible. The findings of such research teams, and the exhaustive amount of material about similar movements across the nation, will lead to recommendation(s) in the Final Report of the Commission due in May, 2001.
E. Firearms Policy and Use of Force Issues
The death of Sgt. Cornel Young, Jr. brought to light issues of firearms policies, particularly the requirement to carry firearms off-duty in Providence. The only other police agency in Rhode Island with a mandatory carry policy is Jamestown.[12] Nationwide, departments vary between discretionary carrying of firearms with particular restrictions around alcohol use and caliber of weapon; mandatory carrying as in Providence, Connecticut State Police; and forbidden with locking of duty weapon in the station in smaller, rural agencies in the West. This issue raises serious concerns about appropriateness and level of training in off-duty incidents both at initial and in in-service academy training
“Friendly fire” incident data in the United States suggest a higher risk for minority officers. In fact, in a single year in Washington, DC two African American off-duty officers were killed by police gunfire and a third pregnant female officer was seriously injured… all while attempting to stop a crime in progress and being mistaken for a suspect. Resultant civil lawsuits in the DC cases resulted in liability costs to the municipality and changes in training.
Numerous examples of off-duty officers saving lives and property by their intervention in criminal activity[13] speak to the underlying philosophy behind the arming of off-duty officers. The Commission is committed to the balancing of the duty to protect Rhode Islanders from criminal activity with the safety of off-duty officers who intervene. It will continue to inquire into best practices and training models that address the crucial emphasis that what happened in the Young case not ever happen again.
The use of deadly and non-deadly force by police officers occasions the strongest emotion and farthest reaching consequences for the community. Policies and procedures for the use of force, repeated training in appropriate and justified techniques along a continuum, and alternatives to violent responses to threat such as non-lethal options need a thorough analysis by the Commission in its coming months.
F. Community Policing
Much interest in the community policing paradigm is clear from both the community
and police opinions expressed throughout the hearings. Some confusion about
which models of community policing ought to apply, and which efforts are the
most successful given the types of community exists not only in Rhode Island
but throughout the country. Several testifiers noted the problem if efforts
at community policing are relegated to a single division or small group of officers
without the support and respect from all police officers who have citizen contacts.
Agreement exists that the philosophy of community-centered approaches is vital
if the serious problems of crime, racial division, and socioeconomic stratification
are to be addressed successfully.
Some testimony at efforts underway in Rhode Island indicate police agencies who have embraced some model of community policing activities. Citizens in several communities applauded those efforts[14]; noticed when they fell short[15], and encouraged the Commission to continue to recommend and investigate community policing models[16]. This broad area has the potential to impact the relationship between police and the community served and will be intensely examined in the further work of the Commission.
III. SUMMARY OF INTERIM RECOMMENDATIONS
The Rhode Island Select Commission on Race and Police-Community Relations having reviewed the information gathered in the process of research activities, meetings with community groups and individuals, and through public hearings will make initial recommendations in two areas at this time. These areas are (1.) accreditation and (2.) criminal justice training.
Accreditation for all Rhode Island law enforcement agencies and an improved criminal justice training system that embraces mandatory in-service and continuing law enforcement education are essential to restoring and promoting community confidence in the trust and integrity of police departments and officers. A statewide accreditation system that assists in the development and monitoring of uniform minimum standards is necessary to promote and improve a culture of accountability within all Rhode Island police departments. A comprehensive statewide criminal justice training system implementing and monitoring uniform minimum standards for certification of police officers is necessary to promote trust, integrity, and accountability among individual police officers.
Circumstances surrounding the tragic death of Sgt. Cornel Young, Jr., suggest a need for an improved basic, in-service, and a mandatory continuing law enforcement education system in Rhode Island. Many police witnesses appearing at public hearings before the Select Commission testified about a lack of diversity, sensitivity, and/or cultural awareness training. Such training has only recently been introduced as part of the basic training curriculum in the three police academies operating within the state. Most police officers in Rhode Island have never had such training either as part of basic or in-service training.
Rhode Island has had Peace Officers Standards and Training (POST) Commission[17] and three police academies for many years. However the existing RI POST Commission, known as the Commission on Standards and Training, has statutory authority over only one of the three existing police academies and no authority to impose standards upon police departments in Rhode Island towns and cities.
The problems that have come to the attention of the Select Commission as a result of its public hearings cannot be adequately addressed with a new criminal justice training program and regimen standing alone.
The Select Commission finds that the public safety interests of citizens and other persons in Rhode Island, and the administration of justice will be enhanced through the accreditation of all state and local law enforcement agencies. The Select Commission further finds that a uniform comprehensive (basic, in-service, and continuing) training program for law enforcement officers and others employed in the criminal justice system in this State, and the establishment and maintenance of uniform minimum standards in law enforcement selection and training are necessary to promote trust and integrity in the administration of justice.
In this report, the Select Commission offers interim recommendations regarding (1) accreditation of Rhode Island law enforcement agencies, and (2) a unified criminal justice training academy. Accreditation is recommended to promote and enhance systems of accountability for all state and municipal law enforcement agencies. A unified criminal justice academy is recommended to promote and enhance accountability among individual peace officers.
Statements from numerous witnesses at hearings held by the Select Commission have suggested that problems of race and police-community relations exist along lines of recruitment, training, assignment, supervision, and discipline of peace officers in Rhode Island. There is an evident and vital need for communities served to have greater input into community policing. These voices, even when critical, can foster growth, awareness, and responsiveness in law enforcement. By such means, reconciliation becomes possible.
Many issues remain under research and review by the Select Commission but solutions to the problems of race and police-community relations may well require a mixed multifaceted system of accountability. These steps toward accreditation of state and municipal law enforcement agencies, and the creation of a unified criminal justice training academy, are preliminary but essential to improving race relations and promoting law enforcement accountability, trust, integrity in Rhode Island.
All free governments are instituted for the protection, safety, and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burden of the state ought to be fairly distributed among its citizens. No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely be reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state.
The Constitution of the State of Rhode Island and Providence Plantations
Article I, Section 2.
IV. ACCREDITATION
The Select Commission on Race and Police-Community Relations has received testimony from several highly respected Chief Executive Officers of municipal and state law enforcement agencies in Rhode Island that an accreditation process through which they meet professionally-recognized criteria for excellence in management and service delivery enhances the administration of justice.[18] [LAW1]
Accreditation increases morale and improves management and professionalization within the organization. Requiring written directives, sound training, more clearly defined lines of authority, and routine assessments of decision making and resource allocation leads to greater accountability within the agency. Clear and consistent standards for leadership, resource management, and service delivery increase confidence on the part of governmental officials and citizens in the agency’s ability to operate efficiently and meet community expectations and needs. Accreditation, because it enhances standards, and leads to continuous reassessment with community involvement, improves risk management, and may result in a decline in misconduct lawsuits and a reduction in liability insurance premiums.
Out of nearly eighteen thousand law enforcement agencies in the United States and Canada, less than five hundred have obtained national accreditation. The Select Commission finds that only three of the more than forty Rhode Island law enforcement agencies are nationally accredited.[19] Several other agencies are currently either contemplating or have recently begun the accreditation process through a program administered by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA).[20]
Among other things, the accreditation process conducted by CALEA requires the agency seeking certification to address numerous issues related to its organization, management, and administration; personnel structure; personnel processes; operations; and, operational support. By meeting clearly established minimum standards, accredited departments have been able to strengthen crime prevention and control capabilities, formalize essential management procedures, establish fair and non-discriminatory personnel practices, improve service delivery, solidify interagency cooperation and coordination, improve morale, and boost citizen and staff confidence in the agency. Accreditation through CALEA requires a law enforcement agency to demonstrate compliance with some 439 standards.[21]
In addition to providing uniform standards for fair and non-discriminatory personnel practices, CALEA accreditation embodies the precepts of community-oriented policing by creating a forum though which police and citizens work together in preventing and controlling challenges confronting law enforcement. Moreover, agencies achieving standards of accreditation receive clearer direction from citizens and are likely to become more keenly aware of community expectations.
Almost all Chief Executive Officers of law enforcement agencies in Rhode Island agree that the accreditation (and periodic re-accreditation) process assists in establishing and maintaining standards of excellence and creates an environment of self-assessment and continuous improvement. Unfortunately, according to several witnesses, CALEA accreditation is a long, time-consuming, and expensive process. Select Commission witnesses have identified the costs associated with CALEA accreditation as a primary reason why more Rhode Island law enforcement agencies have not sought or achieved national accreditation.[22]
The CALEA Self-Assessment and On-Site Fees (payable every three years) range, depending upon the number of full-time (both sworn and non-sworn) personnel, from $4,675.00 for departments with 1-24 employees to $16,150.00 for departments with 1000 or more employees. A law enforcement agency unable to achieve CALEA accreditation by the 36th month of self-assessment can extend its contract on an annual basis annually for 35% of its original fee.[23] Fees for accreditation however may only be the beginning.
The accreditation process may expose deficiencies in equipment and facilities,[24] shoddy and/or uneven personnel policies, and other irregular practices that could be very expensive or politically difficult to correct. Less affluent towns and cities may conclude that other priorities take precedence, or simply be unable to expend the funds necessary to ensure achievement of accreditation standards. Where favoritism, graft, bribery, extortion, and/or other forms of corruption have influenced the conduct of public safety functions, there may be insufficient political support for clearly enforceable written personnel policies.
The absence of clearly enforceable and consistent standards in the management, operations, personnel practices, and policies and practices for control of criminal behavior in the conduct of law enforcement undermines morale and breeds cynicism and mistrust among agency personnel as well as in communities they serve. Arbitrariness, caprice, and irregularity in personnel and promotions procedures undermine trust in the collective bargaining and the labor relations’ processes. The lack of consistent standards for professionalism and civility in the conduct of law enforcement weakens community confidence in the reliability and trustworthiness not only of individual officers who act inappropriately, but also in the police agency as a whole.
Testimony from law enforcement officers and citizens throughout the state likewise suggests a lack of consistency between departments for the receipt and investigation of citizen complaints of alleged abuses of authority and misconduct by individual peace officers. Some departments have well-developed formal procedures (that at times hinder complainants), while others tend to rely upon more informal arrangements. The lack of uniformity and regularity in the citizen complaint process further contributes to anxiety, suspicion and mistrust on the part of citizens who believe they have been the victims of misconduct and abuse of authority by police officers.
The Select Commission further observes that the Attorney General, the Department of Corrections, and the Rhode Island Justice Commission have been recently charged by statute with the duty to “stress to state and local law enforcement officials the necessity for nondiscrimination in the control of criminal behavior.” That same General Law requires that the Attorney General, Department of Corrections, and Rhode Island Justice Commission to “develop and publish formal procedures for the investigation of citizen complaints of alleged abuses of authority by individual peace officers.”[25]
While undoubtedly well intentioned, the problem with this statute is that nowhere in its general laws has the state created a uniform process for alleging abuses of authority by peace officers. There are also no standardized procedures for receiving and handling misconduct complaints by law enforcement agencies in this state. A statutory statewide uniform process for alleging, receiving and handling complaints of police misconduct is needed in addition to the formal procedures for investigation already required by law.
Uniform formal procedures and policies to stress nondiscrimination in the control of criminal behavior, and for alleging, receiving and handling complaints of misconduct can and should be part of the standards that must be achieved for accreditation.
The Select Commission finds that the State of Rhode Island has a compelling interest in the development and implementation of uniform minimum standards for law enforcement agencies and for state and local law enforcement officers operating within the State.
The Select Commission recommends that the people of Rhode Island, the Governor, the Rhode Island General Assembly, and all other public officials and agencies as may be necessary, establish a Rhode Island Police Accreditation Commission (RIPAC). The mission and purpose of RIPAC shall be to develop, establish, implement and maintain a consistent set of minimum standards for all law enforcement agencies within this state. The Select Commission recommends that persons appointed as Commissioners of RIPAC should not only reflect the racial and ethnic diversity that exists within our state, but also include persons from non-law enforcement backgrounds.
The Select Commission hereby finds that the objectives of RIPAC should include assisting every state and local law enforcement agency in this state to meet, within a specified period of time, the standards required for accreditation by an external national accreditation agency such as CALEA.
The Select Commission further recommends that as soon as all state and local law enforcement agencies within the state fully meet RIPAC (and hence national) standards, that RIPAC contract with the aforesaid external accreditation agency to conduct an assessment and on-site review for the purpose of providing national accreditation to all Rhode Island State and municipal law enforcement agencies.[26]
The Select Commission hereby finds that statewide accreditation standards, among other things, should provide the people of the State of Rhode Island and Providence Plantations and the Chief Executive Officers of municipal and state law enforcement agencies with:
· A proven management system of written directives, sound training, clearly defined lines of authority, and routine reports that will support and enhance decision-making and resource allocation to ensure greater accountability within each agency.
· Objective evidence of each agency’s commitment to excellence in leadership, resource management, and a consistent service delivery system thereby improving its ability to operate efficiently and to meet community needs.
· A method to more effectively embody the precepts of community-oriented policing through creating a forum in which police and citizens work together to prevent and control challenges confronting each agency and provides clear direction about community expectations.
· An enhanced ability to manage the risk of liability arising from misconduct by making it easier for agencies to purchase liability insurance, to increase the limits of their insurance coverage; and, where possible, to lower the costs of liability insurance premiums.
Said standards shall include, but not be limited to:
· Recruitment procedures for a diverse pool of applicants[27]
· Assessment of recruit abilities across a broad spectrum of attributes
· Selection of candidates for the Academy
· Recruit training
· Field training
· Probationary status evaluation procedures
· Certification as police officer
· Complaint procedures
· Re-certification expectations and procedures
· In-service continuing training
· Ethical behavior
· Professional conduct
· Use of force policies
· Off-duty conduct policy
· Pursuit policy
· Promotional policy
· Emergency Vehicle Operation Certification
The Select Commission further recommends that the statewide accreditation commission (RIPAC) be charged with incorporating the best practices and principles for promoting police integrity in Rhode Island accreditation standards. The U.S. Department of Justice expects to announce some of the best practices and principles for promoting police integrity in a forthcoming publication.[28] Discussion of some of the practices and principles is included herein because they provide the foundation for an Information Management System (“early warning system”)”to provide law enforcement supervisors and managers with information relating to potential patterns of at-risk conduct involving the law enforcement agency.”[29]
Among other things, statewide accreditation standards should include requirements for an internal investigation and review of all firearm discharges by officers (except those that occur in the regular course of training) and of any other use of deadly force. All such reviews should be conducted outside of the officer’s chain of command by internal affairs or other specialized unit. The review should determine whether the discharge of a firearm or other use of deadly force was within agency policy and reasonable and necessary, and if not, what discipline should occur. The review should also determine whether there is a need for additional training or counseling, or any other remedial measure for the officer involved; and whether the use of deadly force under those circumstances suggests the advisability of revising and/or reformulating agency policy, stategy, tactics, or training.
In addition, there should a statewide accreditation standard that requires that law enforcement officers report all uses of non-deadly force in a routine written report that is thorough, factual and objective. Not only should such reports be in writing but should be submitted to supervisors for evaluation and review. All reported uses of non-deadly force should not only be reviewed promptly but also evaluated by a supervisor to determine whether the particular use of force was within agency policy and reasonable and necessary. There should be an initial determination as to whether or not a misconduct investigation is indicated, and whether there is a need for additional training or counseling or other remedial non-disciplinary measures. Reviews of use of force incidents and reports should include a supervisory examination of tactics and precipitating events so that agency can evaluate whether revisions to training or practices are necessary.
Information management systems that include: information on shootings, other uses of force, searches and seizures, citizen complaints and commendations, criminal charges against officers, civil suits alleging officer misconduct, other misconduct allegations, disciplinary actions, non-disciplinary remedial actions, training history, and civilian arrests provide supervisors and chief executive officers with statistical and descriptive information that should serve as “warning flags” of potential at-risk behavior. Supervisors who periodically review such information may require appropriate non-disciplinary remedial action
In addition to developing information management system standards, a statewide accreditation commission should assist municipal departments in preparing and disseminating public reports that include statistical and summary information regarding shootings, other uses of force, searches and seizures, arrests, complaints, misconduct investigations, and commendations. All Rhode Island law enforcement agencies should elicit periodic feedback from the public on law enforcement practices and behavior, including levels of civility. Likewise, agencies should hold periodic community meetings to discuss the agency’s performance. All Rhode Island law enforcement agencies should widely disseminate their policies and procedures governing non-discrimination, interactions with citizens and other persons, and information regarding the intake, investigation and resolution of complaints, and commendations. Agencies should strive to ensure effective outreach to the entire community it serves, including members of racial or ethnic minority groups. Indeed, community stakeholders ought to be involved in a collaborative planning process to establish the law enforcement agency’s mission, goals, priorities and strategy. Community involvement in the process of developing, implementing, and maintaining standards in law enforcement agencies is vital to the success of any effort to promote and restore trust and integrity in policing.
V. CRIMINAL JUSTICE TRAINING FOR LAW ENFORCEMENT
The Select Commission has received testimony that basic law enforcement training in Rhode Island is offered at the, Municipal Police Training Academy in Lincoln and the Providence Police Department Training Academy in Providence. The Rhode Island State Police also operate their own training academy in Foster. During the course of its hearings the Select Commission has heard from a multitude of witnesses, both civilian and police officers, of an acute need for enhanced initial and continuing training of law enforcement officers. Many witnesses have also commented upon the fact that it seems inefficient and wasteful for a state as small as Rhode Island to have three different police training academies. In addition, witnesses have expressed concerns about a lack of consistency in basic training due to multiple factors associated with having a multiplicity of sites. There appear to be wide variances in basic training between the various academies.
The Select Commission has also heard from numerous law enforcement witnesses that there is no uniform nor consistent continuing law enforcement education and training program in Rhode Island. Such training has been left up to municipal departments and/or individual officers. Once an officer receives his or her basic training and certification in this state, aside from periodic firearm re-certification and federally mandated domestic violence training, he or she is not presently required by law to receive any further training. Currently, the general laws of the state do not require a mandatory legal update. The Select Commission believes this to be unacceptable.
The Select Commission finds that the State of Rhode Island has a compelling public interest in the basic and continuing training and education, and certification of, law enforcement officers and other persons employed in the criminal justice system of this State.
The Select Commission finds that the public safety interests of citizens of Rhode Island, those of other persons travelling through this state and the administration of justice will be enhanced through the accreditation of all state and local law enforcement agencies, a uniform training program for law enforcement officers and other persons employed in the criminal justice system in this State, and the establishment and maintenance of minimum standards in law enforcement selection and training.
The Select Commission recommends that basic, in-service, and continuing law enforcement training in this State be conducted under the auspices of a single unified criminal justice training academy. The proposed unified criminal justice training academy should, at the very least, meet if not exceed the International Association of Directors of Law Enforcement Standards & Training Model Minimum State Standards.[30] Moreover, the proposed criminal justice training academy should function as a POST organization to assure all citizens that peace officers in Rhode Island meet minimum standards of competency and ethical behavior. The proposed criminal justice training academy (or commission, council, board, or department that supervises and controls) should have authority to set minimum officer selection standards, minimum education and training standards, power to decertify or revoke licenses of sworn personnel, to conduct research, to make inspections to ensure that its standards are being complied with, and responsibility for monitoring compliance with continuing law enforcement education and training requirements.
The Select Commission further recommends that all operations of the proposed unified criminal justice training academy (and the commission, council, board, or department that supervises and controls), including subsidizing the costs of statewide in-service training and continuing law enforcement education, be paid out of a dedicated non-lapsing revenue source independent of the General Fund. The Select Commission continues to investigate and research innovative funding methods for criminal justice training and shall provide further information on this subject in the Final Report, but for now, it is useful to observe that criminal justice academy training and POST activities in some states are funded out of a penalty assessment fund, from a percentage of fines assessed to offenders, and from percentages of revenue income derived from state sponsored lotteries.
The Select Commission recommends that the State of Rhode Island contract with a professional organization(s) in the area of law enforcement psychometrics to develop job-related non-discriminatory entrance examinations (based on actual knowledge, skills and abilities) for the Rhode Island State Police and for municipal law enforcement agencies within the state. The Select Commission further recommends that any state contract to develop non-discriminatory entrance examinations specify the State’s compelling and legitimate interests in creating and maintaining a diverse and culturally competent workforce more truly representative of the communities it serves.
The Select Commission recommends that law enforcement accreditation and certification standards in the State provide for periodic assessment and review of psychological as well as physical stress, and that each law enforcement agency develop critical incident stress management procedures and plans.
VI. FUTURE PROJECTION
The Rhode Island Select Commission will continue its work through the winter and spring of 2001. A number of areas of exploration and inquiry will consume the attention of the Commission:
Commissioners will continue to review and examine the issues surfacing from the shooting death of Sergeant Cornel Young, Jr.
Commission continues to study potential changes needed to improve law enforcement work and accountability.
Commission is analyzing models in many areas including, but not limited to:
Civilian Review (PERC and others)
Police Officers Bill of Rights
Recruitment and hiring practices
Diversity training, sensitivity awareness, and cultural competency
Community Policing
Use of Force Policy
Firearms Policy
Police Ethics
Field Training
The Commission will meet with the sponsors of US HR Bill 4290 The Law Enforcement Trust and Integrity Act of 2000, to examine whether it would be a model for a Rhode Island statute.
The Commission will continue to review RI Hate Crimes Legislation, the Traffic Stop Statistics Act, and Gun Control Legislation for possible improvement proposals.
With the United States Department of Justice Community Conciliation Service, the Commission will co-sponsor a conference on Community Reconciliation in March of 2001.
Research into best practices will continue with scheduled site visits on the part of Commissioners and Research Staff to several locations including: Kansas City, MO, New Haven, CT, Baltimore/Washington, DC, Minneapolis, MN, Los Angeles, CA.
Research internship program utilizing high school and college graduate and undergraduate students will expand. Attitudes and perceptions of police in Rhode Island will be one of the areas of emphasis for data collection by the students.
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[1] Locations, regions, and dates of public hearings are located in Appendix Two.
[2] See Appendix Three for charts of Demographics by Community and Minority Officers by Community
[3] Rhode Island State Police Minority Recruitment Drive is a notable exception in terms of organization and funding; still, it met with limited success due to a number of factors. Testimony of Trooper Wil Hill, November 10,2000, and interview with Col. Edmund Culhane, October 6, 2000.
[4] City and town educational requirements are specified in Appendix Four.
[5] The testing consists of normed, validated public service batteries. Interview with Dr. Patricia Gallagher, of Psychological Testing Service, URI/CCE, by Executive Director, 1/8/2001
[6] A complete list of HBCU’s, Tribal Colleges, and the Latino/a Higher Education Association is in Appendix 5 Providence and Cranston police agencies have expressed interest in pursuing this avenue to enhance their minority candidate pool.
[7] Testimony “there are certain things taking place that make it extremely difficult to chip through the red tape..if you listen to regular folks, that’s an issue.” Craig, November 28, 2000. “If you’ve been beaten up by the police, you have to go to that (same) police station and get a complaint form” Representative David Cicilline, November 28, 2000.
[8] Testimony about the use of the Urban League as an alternate complaint place was received at November 28 hearing, testimony about NAACP in Newport, Woonsocket, and Providence was heard at those respective hearings, DARE (November 30)
[10] Newport Police Chief Kelly, Portsmouth Chief Burns
[11] PERA, (Police Executive Review Authority was developed by a coalition consisting of DARE, CPAC, and the Minister’s Alliance.) One of its contributors, Derek Ellerman, has testified before the Commission twice (November 30, and December 7, 2000) and met with staff on December 4, 2000. .
[12] Chief Thomas Tighe indicated in a telephone interview with Commission staff that this policy is an older one, and attempts to have the Town Council pass amended policies have so far been unsuccessful. Chief Tighe also indicated that the policy is not enforced and individual officers carry off-duty at his/her own discretion. Interview with Chief Tighe by Executive Director, November 26, 2000.
[13] Of 30 Police Officer of the Year Awards (Parade Magazine/IACP) from 96-99, 6 were off-duty incidents of heroism, 2 were undercover officers on duty.
[14] Woonsocket, South Kingstown, Newport, Cranston, Providence, Central Falls, Warwick, Cumberland had examples of such programming
[15] “We need to have 24 hr a day substations. We need to have people who are physically there to answer our questions.” Lisa Neibels, November 28, 2000.
[16] New Haven, Stamford, CT, Baltimore, Tampa and Hillsbourough County, Florida have all been brought to the attention of the Commission.
[17] POST bodies were the result of the President’s Commission on Law Enforcement and the Administration of Justice (1967). That commission published two reports “The Challenge of Crime in a Free Society,” and a follow up report, “The Police.” Recommendations were offered affecting such areas as community relations, community policing, personnel practices and procedures, organizational and operational policies and structures, and the recommendation that each state establish a Peace Officers Standards and Training (POST) Commission. See, International Association of Directors of Law Enforcement Standards & Training Model Minimum State Standards.
[18] “One of the things we push and are pushing with the officers is accountability to the public and city and working hard. It’s not enough to do things right. You have to do the right thing…to help us do that we .signed up for …accreditation…looking at uniformed standards accepted…as the bench marks that police departments should make to…professionalize the organization and make sure they’re putting out the best product they can for the public.” Testimony of Chief Alan DeNaro, Central Falls Police Department, September 13, 2000. “Accreditation is a very intense program which is something that optimally should happen in Westerly, and I hope some day we can accomplish that…I particularly like the fact that policies are reviewed annually, that you are subjected to the oversight of this accreditation group, and they provide model policies.” Testimony of Chief J. David Smith, Westerly Police Department, October 19, 2000
[19] The Rhode Island State Police, Brown University Police and Security, and Warwick Police Department have all received national accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). CALEA is a private, non-profit corporation that is not part of, or obligated to, any governmental entity and was created through the combined efforts of the International Association of Chiefs of Police, National Organization of Black Law Enforcement Executives, National Sheriffs’ Association, and Police Executive Research Forum. CALEA’s authority “is derived solely from the voluntary participation of law enforcement agencies in the accreditation program.” Fees charged to entities seeking accreditation and periodic re-accreditation (every three years) pay CALEA’s major operating costs.
[21] See, CALEA, Standards for Law Enforcement Agencies: The Standards Manual of the Law Enforcement Agency Accreditation Program, 4th ed. (January 1999).
[22] “Johnston is presently not accredited…Chief Tamburini put it in our last budget presentation…for the accreditation process. The portion of the budget presentation was not approved.” Testimony of Deputy Chief Vito Scotti, October 12, 2000. “When you get into departments like Cumberland, Central Falls, and Lincoln and many other departments, …the issues that come to the forefront are manpower and budgets.” Testimony of Chief Anthony Silva, Cumberland Police Department, September 13, 2000. “It’s (Accreditation) not free. It’s expensive. So that’s where we are with it right now.” Testimony of Chief David Kelly, Newport Police Department, November 2, 2000.
[23] See http://www.calea.org/new%20web/acc…tion%20Info/accreditation_fees.html.
[24] For example, the Warwick Police Department, accredited by CALEA in 1997, expended an estimated $5000.00 to install smoke and heat detectors and pinhole cameras in the holding and cellblocks. Another $5000.00 was spent to install locking doors within police department corridors for the protection of vital records and for an electronic system to identify officers and control access to areas where highly sensitive records are kept. Some $4500.00 went for the installation of bulletproof glass for the protection of personnel working in the dispatch area. All of the aforementioned expenditures were in addition to the application and accreditation fees (approximately $11,000.00), the costs associated with maintaining compliance and reaccredidation (approximately $7000.00) every three years, and salaries and overtime pay for officers working on the initial accreditation and compliance teams.
[25] See Gen. Laws 1956 Section 28-5.1-11.
§ 28-5.1-11 Law Enforcement. The attorney general, the department of corrections, and the Rhode Island justice commission shall stress to state and local law enforcement officers the necessity for nondiscrimination in the control of criminal behavior. These agencies shall develop and publish formal procedures for the investigation of citizen complaints of alleged abuses of authority by individual peace officers. Employment in all state law enforcement and correctional agencies and institutions shall be subject to the same affirmative action standards applied under this chapter to every state unit of government, in addition to applicable federal requirements.
[26] CALEA has an Alliance Program in which it establishes relationships with state accreditation programs like the one proposed here with RIPAC. The “alliance” between CALEA and the state accreditation program creates a “tiered or two-step process for the achievement of [national] accreditation.” That process provides CALEA recognition after agencies working under the auspices of the state accreditation program demonstrate compliance with 95 basic standards addressing “high liability and legal issues, critical management practices, life, health, and safety issues.” After achieving recognition, agencies that wish to become fully accredited must demonstrate compliance with the remaining 344 standards. In fact, the Alliance program contemplates the very system that the Select Commission recommends. See, Overview of Alliance Program, http://www.calea.org/newweb/State%20Accred/overview_of_the_alliance_program.htm. See also, CALEA, Commission Report on CALEA/Local Programs Alliance, November, 1999.
[27] HBCU’s, Tribal Colleges, and the Latino/a American Education Association should be a rich source of liaison towards minority officer recruitment. See appendices in Final Report for complete listing of these resources.
[28] Hopefully the Justice Department will publish its report before the Select Commission issues its Final Report. A draft of its “Principles for Promoting Police Integrity,” dated 11/21/00 was supplied to Select Commission staff by the Honorable Richard Jerome, Deputy Associate Attorney General, Civil Rights Division, U.S. Department of Justice.
[29] See, “Principles for Promoting Police Integrity,” p.7.
[30] See International Association of Directors of Law Enforcement Standards & Training Model Minimum State Standards.